(1) 

Terms Used In Utah Code 32B-13-206

  • Beer: means a product that:
(i) contains:
(A) at least . See Utah Code 32B-1-102
  • Beer wholesaling license: means a license:
    (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
    (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail licensees or off-premise beer retailers. See Utah Code 32B-1-102
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • License: means :
    (a) a retail license;
    (b) a sublicense;
    (c) a license issued in accordance with 4;
    (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
    (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
    (g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • (a)  A beer wholesaler licensee shall post a cash bond or surety bond in the penal sum of $10,000 payable to the department.

    (b)  A beer wholesaler licensee shall procure and maintain a bond required by this section for as long as the beer wholesaler licensee continues to operate as a beer wholesaler licensee.
  • (2)  A bond posted under this section shall be:

    (a)  in a form approved by the attorney general; and

    (b)  conditioned upon a beer wholesaler licensee’s faithful compliance with this title and the rules of the commission.

    (3)  If a surety bond posted by a beer wholesaler licensee under this section is canceled due to a beer wholesaler licensee’s negligence, the department may assess a $300 reinstatement fee.

    (4)  No part of a bond posted under this section may be withdrawn during the period the beer wholesaling license is in effect.

    (5) 

    (a)  A bond posted under this section by a beer wholesaler licensee may be forfeited if the beer wholesaling license is revoked.

    (b)  Notwithstanding Subsection (5)(a), the department may make a claim against a bond posted by a beer wholesaler licensee for money owed the department under this title without the commission first revoking the beer wholesaling license.

    Enacted by Chapter 276, 2010 General Session